Ebook155 pages3 hours
Rules on Paper, Rules in Practice: Enforcing Laws and Policies in the Middle East and North Africa
Rating: 0 out of 5 stars
()
About this ebook
The primary focus of this book is on a specific outcome of the rule of law: the practical enforcement of laws and policies, and the determinants of this enforcement, or lack thereof. Are there significant and persistent differences in implementation across countries? Why are some laws and policies more systematically enforced than others? Are “good†? laws likely to be enacted, and if not, what stands in the way?
We answer these questions using a theoretical framework and detailed empirical data and illustrate with case studies from Morocco, Tunisia and Jordan. We believe that the best way to understand the variation in the drafting and implementation of laws and policies is to examine the interests and incentives of those responsible for these tasks †“ policymakers and bureaucrats. If laws and their enforcement offer concrete benefits to these ruling elites, they are more likely to be systematically enforced. If they don't, implementation is selective, discretionary, if not nil.
Our first contribution is in extending the application of the concept of the rule of law beyond its traditional focus on specific organizations like the courts and the police, to economic sectors such as customs, taxation and land inheritance, in a search for a direct causal relationship with economic development outcomes. Instead of limiting ourselves to a particular type of organization or a legalistic approach to the rule of law, we present a broader theory of how laws are made and implemented across different types of sectors and organizations.
Our second contribution is in demonstrating how powerful interests affect implementation outcomes. The incentives elites have to build and support rule-of-law institutions derive from the distribution of power in society, which is partly a historical given. The point we make is that it is not deterministic. Realigning the incentive structures for reform among key actors and organizations, through accountability and competition, can dramatically improve the chances that rule-of-law institutions will take root. On the other hand, building the capacity of organizations without first changing institutional incentives is likely to lead to perverse outcomes.
We answer these questions using a theoretical framework and detailed empirical data and illustrate with case studies from Morocco, Tunisia and Jordan. We believe that the best way to understand the variation in the drafting and implementation of laws and policies is to examine the interests and incentives of those responsible for these tasks †“ policymakers and bureaucrats. If laws and their enforcement offer concrete benefits to these ruling elites, they are more likely to be systematically enforced. If they don't, implementation is selective, discretionary, if not nil.
Our first contribution is in extending the application of the concept of the rule of law beyond its traditional focus on specific organizations like the courts and the police, to economic sectors such as customs, taxation and land inheritance, in a search for a direct causal relationship with economic development outcomes. Instead of limiting ourselves to a particular type of organization or a legalistic approach to the rule of law, we present a broader theory of how laws are made and implemented across different types of sectors and organizations.
Our second contribution is in demonstrating how powerful interests affect implementation outcomes. The incentives elites have to build and support rule-of-law institutions derive from the distribution of power in society, which is partly a historical given. The point we make is that it is not deterministic. Realigning the incentive structures for reform among key actors and organizations, through accountability and competition, can dramatically improve the chances that rule-of-law institutions will take root. On the other hand, building the capacity of organizations without first changing institutional incentives is likely to lead to perverse outcomes.
Read more from Gael Raballand
Why Does Cargo Spend Weeks in Sub-Saharan African Ports?: Lessons from Six Countries Rating: 0 out of 5 stars0 ratingsReform by Numbers: Measurement Applied to Customs and Tax Administrations in Developing Countries Rating: 0 out of 5 stars0 ratings
Related to Rules on Paper, Rules in Practice
Related ebooks
Citizenship and Governance in a Changing City: Somerville, MA Rating: 0 out of 5 stars0 ratingsProtecting the Commons: A Framework For Resource Management In The Americas Rating: 0 out of 5 stars0 ratingsDisaggregating China, Inc.: State Strategies in the Liberal Economic Order Rating: 0 out of 5 stars0 ratingsControlling Knowledge: Freedom of Information and Privacy Protection in a Networked World Rating: 0 out of 5 stars0 ratingsAnti-Dumping Regulations and Practice in Nigeria Rating: 0 out of 5 stars0 ratingsCorruption Risks in Nigeria’S Defence and Security Establishments: An Assessment Rating: 0 out of 5 stars0 ratingsPrinciples of direct and superior responsibility in international humanitarian law Rating: 0 out of 5 stars0 ratingsCorporate Fraud and Internal Control Workbook: A Framework for Prevention Rating: 0 out of 5 stars0 ratingsCorporate Management, Governance, and Ethics Best Practices Rating: 0 out of 5 stars0 ratingsThe Transparency Fix: Secrets, Leaks, and Uncontrollable Government Information Rating: 0 out of 5 stars0 ratingsEssentials of Corporate Fraud Rating: 0 out of 5 stars0 ratingsThe Roots, Rituals, and Rhetorics of Change: North American Business Schools After the Second World War Rating: 3 out of 5 stars3/5Imagining New Legalities: Privacy and Its Possibilities in the 21st Century Rating: 0 out of 5 stars0 ratingsThe Business Ethics Twin-Track: Combining Controls and Culture to Minimise Reputational Risk Rating: 0 out of 5 stars0 ratingsThe Administration of Criminal Justice in England and Wales: Pergamon Modern Legal Outlines Rating: 0 out of 5 stars0 ratingsA Democratic Conception of Privacy Rating: 0 out of 5 stars0 ratingsPublic Policy and the Internet: Privacy, Taxes, and Contract Rating: 2 out of 5 stars2/5How Should A Government Be?: The New Levers of State Power Rating: 0 out of 5 stars0 ratingsExploring Best Electoral Practices Rating: 0 out of 5 stars0 ratingsFaction Fight: Deberha And Manxadanxada’s Impact On An Eastern Cape Municipality Rating: 0 out of 5 stars0 ratingsLawmaking under Pressure: International Humanitarian Law and Internal Armed Conflict Rating: 0 out of 5 stars0 ratingsThe politics of freedom of information: How and why governments pass laws that threaten their power Rating: 0 out of 5 stars0 ratingsThe Structure of Policy Change Rating: 0 out of 5 stars0 ratingsUnderstanding Corruption: How Corruption Works in Practice Rating: 0 out of 5 stars0 ratingsTransparency in Philanthropy: An Analysis of Accountability, Fallacy, and Volunteerism Rating: 0 out of 5 stars0 ratingsPublic Enterprise Economics: Theory and Application Rating: 0 out of 5 stars0 ratingsNew Structural Economics: A Framework for Rethinking Development and Policy Rating: 0 out of 5 stars0 ratingsThe Nigerian Fraud Conspiracy: Finding U.S. co-conspirators Rating: 2 out of 5 stars2/5G7 Current Account Imbalances: Sustainability and Adjustment Rating: 0 out of 5 stars0 ratings
Business Development For You
Business Plan Checklist: Plan your way to business success Rating: 5 out of 5 stars5/5How to Start a Business for Beginners: A Complete Guide to Building a Successful & Profitable Business Rating: 5 out of 5 stars5/5The Magic of Tiny Business: You Don’t Have to Go Big to Make a Great Living Rating: 4 out of 5 stars4/5Hard Asks Made Easy: How to Get Exactly What You Want Rating: 0 out of 5 stars0 ratingsGood to Great: Why Some Companies Make the Leap...And Others Don't Rating: 4 out of 5 stars4/5Ultralearning: Master Hard Skills, Outsmart the Competition, and Accelerate Your Career Rating: 4 out of 5 stars4/5Rocket Fuel Rating: 0 out of 5 stars0 ratingsThe Bezos Letters: 14 Principles to Grow Your Business Like Amazon Rating: 5 out of 5 stars5/5Fear Less: Face Not-Good-Enough to Replace Your Doubts, Achieve Your Goals, and Unlock Your Success Rating: 5 out of 5 stars5/5Nolo’s Guide to Single-Member LLCs: How to Form & Run Your Single-Member Limited Liability Company Rating: 0 out of 5 stars0 ratingsSimple Path to Wealth: Your Guide to Financial Freedom Rating: 0 out of 5 stars0 ratingsThe 22 Immutable Laws of Branding: How to Build a Product or Service into a World-Class Brand Rating: 4 out of 5 stars4/5The Hard Truth About Soft Skills: Soft Skills for Succeeding in a Hard Wor Rating: 3 out of 5 stars3/5The E-Myth Contractor: Why Most Contractors' Businesses Don't Work and What to Do About It Rating: 4 out of 5 stars4/5212 The Extra Degree: Extraordinary Results Begin with One Small Change Rating: 5 out of 5 stars5/5The Second in Command: Unleash the Power of Your COO Rating: 0 out of 5 stars0 ratingsDon't Trust Your Gut: Using Data to Get What You Really Want in LIfe Rating: 3 out of 5 stars3/5Doughnut Economics: Seven Ways to Think Like a 21st-Century Economist Rating: 4 out of 5 stars4/5The 30 Laws of Flow: Timeless Principles for Entrepreneurial Success Rating: 5 out of 5 stars5/5Summary of Graham Cochrane's How to Get Paid for What You Know Rating: 0 out of 5 stars0 ratingsVivid Vision: A Remarkable Tool for Aligning Your Business Around a Shared Vision of The Rating: 4 out of 5 stars4/5Buy, Grow, Exit: The ultimate guide to using business as a wealth-creation vehicle Rating: 4 out of 5 stars4/5The $100 Startup by Chris Guillebeau: Summary and Analysis Rating: 4 out of 5 stars4/5How the Mighty Fall: And Why Some Companies Never Give In Rating: 4 out of 5 stars4/5Summary of Elaine Pofeldt's The Million-Dollar, One-Person Business Rating: 0 out of 5 stars0 ratingsThe Rise of the Rest: How Entrepreneurs in Surprising Places are Building the New American Dream Rating: 5 out of 5 stars5/5
Reviews for Rules on Paper, Rules in Practice
Rating: 0 out of 5 stars
0 ratings
0 ratings0 reviews